Karina Sigalovskaya v. Abigail Braden, Individually and in Her Official Capacity as a Special Agent for the Department of Homeland Security

In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Court recognized an implied cause of action under the Fourth Amendment against Federal Bureau of Narcotics agents who entered the plaintiff’s home without a warrant, conducted a search, and then arrested him—in front of his children— without probable cause. In this case, federal law enforcement officers entered Petitioner’s home without a warrant, searched the premises, and separated her from her children. While inside the house, one of the officers falsely claimed that Petitioner had just confessed to a crime and used that as a pretext for taking her into custody. As in Bivens itself, no probable cause existed for the arrest. The questions presented are:

1. Whether Bivens provides a remedy when federal officers enter a home without a warrant, fabricate evidence during the search, and use that evidence to arrest the resident without probable cause.

2. Whether the availability of an alternative remedy independently forecloses a Bivens claim that does not otherwise meaningfully differ from Bivens itself.